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HomeMy WebLinkAboutOrdinance #3333 Hip—S6 q6-7J 1-71 ORDINANCE NO. 3333 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADDING CHAPTER 17.66 TO THE HUNTINGTON BEACH MUNICIPAL CODE REGARDING A LIBRARY DEVELOPMENT FEE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH does hereby ordain as follows: SECTION 1. Findings and Intent. The City Council finds as follows: A. In 1987, the City Council of the City of Huntington Beach received the 'Needs and Assessment Study--Huntington Beach Public Library System'' prepared by.UBW Associates, Inc. (the"HBW Study"). Pursuant to the HBW Study, the City Council adopted as a library service standard that there should be 03 gross square feet of library building space per resident. Following that decision, the City Council approved an expansion of the Central Library, resulting in an increase in square footage achieving close to the guideline of 03 gross square feet of library space per resident. There are currently 190,978 residents in the City, and a gross square footage of total library space is 126,620, which results in a per-capita ratio of 0.663 square feet per resident. Additional capital improvements intended for the branch libraries in the next few years will result in the City achieving that objective. B. The HBW Report also recommended as a service standard that there be three volumes of library materials per resident. (Library materials includes books, magazines, video cassettes, compact disks and computer programs.) The City Council adopted this as a SF/s:PCD:Ordinancc:Libryfee 8/8/96-49 3333 service standard in 1987. The City is presently at that level of items per resident. The library has presently 580,095 volumes of library materials, or three (3)volumes per resident. C. City Staff, with the assistance of the consulting firm of Hamilton, Rabinovitz & Alschuler, Inc., prepared the Report entitled"Library Development Fee," dated August 1996. After review of the Library Development Fee Report, other staff reports, and testimony and information received at a noticed public hearing on this matter, the City Council makes the following findings: 1. Based upon population estimates from California State University at Fullerton, it is anticipated that there will be 210,612 City residents by the year 2010, or 19,634 additional residents. In addition, the maximum commercial and industrial build-out allowed under the current General Plan is 4,737,500 square feet of commercial and 2,505,000 square feet of industrial. This non-residential development will generate additional library demand from employees who use the library system but do not live in the City. 2. In the shorter term, City Staff has estimated that there will be 6,333,286 square feet of new residential construction, and 3,038 new dwelling units by the year 2003. It is also estimated that there will be 1,337,281 square feet of new commercial and 466,333 square feet of new industrial development by the year - 2003. Based upon an average of 2.62 persons per residence, this would generate 7,960 new residents. 2 SFATCD:Ordinance:Libryfee 8/8/96-#9 3333 3. As indicated by the HBW report, these new Development Projects in the City create additional demand for library services, especially if the City is to continue to meet its current service standards. The purpose of this Ordinance is to establish a Library Development Fee to offset the difference between revenues generated from new development and the occupants therein used to pay for Library Facilities and Materials, and the cost of providing Library Facilities that meet the above service standards and satisfy the demand created by such new development. 4. The Library Development Fee will be used to pay for Library Facilities and Materials to meet the Library Service Standards as previously adopted by the City Council pursuant to the HBW Study. 5. The Library Development Fee will be used to insure that new Development Projects receive the same level of library service currently provided to existing residents and library users. Consequently, there is a reasonable relationship between the use of the Library Development Fee and the construction of new Development Projects, 6. There is a reasonable relationship between the need for Library Facilities and Materials and the Development Projects on which the fee is to be imposed. The - Development Projects which are to pay the fee create the demand for the library services. As indicated by the HBW Study, new residents create a demand for both 3 SF/s:PCD:Ordinance:Libryfee 8/8/96-#9 3333 Library Facilities and Materials. In addition, new employees create demand for library services. As indicated by a Library Staff survey, 11.1% of library users do not live, but are employed in the City. Further, Residential Development Projects have benefited from the availability of existing Library Facilities, because new home purchasers are attracted to those developments by the availability and the ease of access to Library Facilities and Materials. Similarly, new Commercial and Industrial Development Projects in the City have benefited directly from the use of the Central Library as a research tool, and indirectly, because ease of access to the libraries makes Huntington Beach an attractive place to work. 7. As is explained in the Library Development Fee Report, City revenue other than development fees, including tax revenues that will be paid by new Development Projects, will be needed for many public purposes and therefore will not be in sufficient to offset the burdens on Library Facilities and Materials created by such new Development. Consequently, in order to insure that Library Facilities and Materials can grow with new Development, and the existing service standards will continue to be met, it is necessary to adopt this Library Development Fee, 1 SECTION 2. Chapter 17.66 is hereby added to the Huntington Beach Municipal Code to read as follows: 4 SF/sTMOrdinance:Lihryfee 8/8/46-#4 3333 "Chapter 17.66 LIBRARY DEVELOPMENT FEE 17.66.010, PuEpose. The purpose of this Chapter is to establish a Library Development Fee that imposes upon future Development Projects an equitable share of the cost of mitigating future Library Facility needs created by such projects. 17.66.020 Definitions. For the purposes of this Chapter, the following terms shall be defined as follows- (a) "Building and Safety Director" shall mean the Building and Safety Director of the City of Huntington Beach or his/her designee. {b} "Commercial or Industrial Development Project" shall mean the construction of new Floor Area on a lot in any of the Non-Residential Zoning Districts of the City. (c) "Development Project' means any residential, commercial or industrial Development Project. (d) "Governmental or Public Facilities" shall mean publicly owned buildings and structures used for the purposes of conducting City, County, State or Federal Government business. Such facilities shall include, but not be limited to, city halls, - police and fire stations, offices, equipment yards, sanitation facilities, schools, recreation centers, and similar facilities, Private commercial Development Projects 5 SFIs:PCD:OrdinanceUbryfee 8/8196-#9 i 3333 leasing publicly owned land shall not be considered Governmental or Public Facilities. (e) Floor Area" shall mean the area of all floors and levels as defined in the Huntington Beach Building Code. (f) Library Facilities" means library building space and Library Materials, which are owned and operated by the City of Huntington Beach. (g) "Library Materials" means books, magazines, video cassettes, compact disks, computer programs, and other reference and circulation materials. (h) Planning Director" shall mean the Planning Director of the City of Huntington Beach, or his or her designee. (1) "Residential Development ment Project" shall mean the construction of a dwelling unit on a lot in any of the residential zoning districts of the City. For purposes of this Chapter, the addition of Floor Area shall be considered construction of a Residential Development Project if the additional Floor Area exceeds fifty (50) percent of the existing Floor Area, as determined by the Building and Safety Director, 6 SF/sTMOrdinance:Libryfbe 8/8/96-#9 3333 17.66.030 Establishment of a Library Development Fee. Except as otherwise provided in this Chapter, the applicant for a building permit for a Development Project shall pay a Library Development Fee in an amount established by resolution of the City Council. 17.66 040 Exceptions. The following development activities shall be exempt from the requirement of payment of a Library Development Fee: (a) Governmental or Public Facilities. (b) Churches, temples, synagogues, and other buildings or structures used for religious worship. (c) Private schools which meet the requirements contained in California Education Code Section 48222, or its successor, so that attendance at such schools complies with California compulsory education requirements. (d) In order to ensure that the Library Development Fee requirement set forth in this Chapter will not be contrary to the public interest or prevent the development of a public service project, the City Council may waive all, or any portion of the fee if the Council determines that a development will serve a public purpose or satisfy a public need and that the fee will hinder such development. 7 SF/sTCD:Ordinance:Libryfee 8/8/96-#9 3333 17.66.040 Calculation of Required Fees. The Building and Safety Director shall calculate the fees required by this Chapter prior to the issuance of the first building permit for a Development Project. to 17.66.0J0 Payment of Fees. The payment of fees required by this Chapter shall be made according to the following procedures: (a) Payment Procedure for Commercial or Industrial Development Projects. Fees required by this Chapter from a Commercial or Industrial Development Project shall be paid at the time that the City issues a building permit for the project. (b) Payment Procedure for Residential Development Projects. Fees required by this Chapter from a Residential Development Project shall be paid before final inspection of the dwelling unit on which fees are imposed. However, if a Residential Development Project contains more than four dwelling units, then the fees imposed by this Chapter on the entire development shall be paid before final inspection of the first dwelling unit in that Project. For the purposes of this Section, "final inspection" is defined as that term is defined in Government Code Section 66007, as amended. If the fee imposed by this Chapter on a Residential Development Project of more than four dwelling units is not paid before a building permit is issued for the first S sFATCD:OrdinanceUbryfee 8/8/96-#9 3333 dwelling unit, the dwelling unit developer shall enter into a contract with the City to pay those fees prior to final inspection of the first dwelling unit in that Project. The contract shall be recorded in the office of the Orange County Recorder and shall constitute a lien for the payment of fees required by this Chapter. The lien shall be enforceable against successors in interest to the initial holder of the building permit. The contract shall also require the building permitholder to provide appropriate notification of the opening of any escrow for the sale of the property for which the building permit is issued and to provide in the escrow instructions that the fees required by this Chapter be paid from the sale proceeds in escrow prior to disbursing proceeds to the seller. 17.66.60 Fee Adjustments. Any person subject to a fee required by this Chapter may apply to the City Council for a reduction, adjustment or waiver of that fee based upon the absence of a reasonable relationship between the impact of that person's Development Project on Library Facilities demand in the City of Huntington Beach and either the amount of the fee charged or the type of facilities to be provided. (a) Application. There shall be a separate application for each fee adjustment request made pursuant to this Section. Such application shall be made on forms - provided by the Planning Director and shall be filed with the City Clerk not later than: (1) thirty (30) days prior to the public hearing on a land use entitlement 9 SP/s:PCD:OrdinanceUbryfee 8/8196-#9 3333 application for the Development Project or(2) if no such permit is required, the time of application for a building permit for the Development Project. Each application shall state in detail the factual basis for the request for reduction, adjustment or waiver. (b) Hem. The Planning Commission shall consider the fee adjustment application at the public hearing regarding the application for a Development Permit, or, when no public hearing regarding a development permit is required, at a separate hearing by the Planning Commission within sixty (60) days after the fee adjustment application is deemed complete by the City Cleric. (c) Appeal. Any interested person may appeal the decision of the Planning Commission to the City Council. 17.66.0J0 Fee Refunds, Upon application, fees collected by the City pursuant to this Chapter shall be refunded under the following circumstances: (a) Fees collected pursuant to this Chapter are erroneously or illegally collected. An application for refund pursuant to this subsection(a) shall be filed with the Building and Safety Director no later than ninety(90) days after the initial payment of the fee pursuant to Section 17.66.050 of this Chapter. 10 SF/sTCD:Ordinance:Libryfee 8/8/96-#9 s 3333 (b) The building permit expires, and no extension has been granted, for the Development Project upon which fees were imposed pursuant to this Chapter. An application for refund pursuant to this subsection (b) shall be filed with the Building and Safety Director no later than ninety (90) days after expiration of the building permit. SECTION 3. Establishment of Reserve Account for Fees. Pursuant to Government Code Section 66006, there is hereby established a Reserve Account in the City's General Fund entitled "The Library Facility Fund." The fees paid pursuant to this provisions of this Ordinance shall be placed into the separate Reserve Account established for those fees and used solely for the purpose of providing Library Facilities. All monies in the Reserve Account established by this Ordinance shall be held separate and apart from other City funds. All interest or other earnings of each such Reserve Account shall be credited to that Account. SECTION 4. Expenditures from Reserve Account. All monies and interest in the Reserve Account established by this Ordinance shall be expended on the provision of Library Facilities, as approved by the City Council. Such expenditures may include, but shall not be limited to, the following: A. The reimbursement for all direct and indirect costs incurred by the City for the development of Library Facilities pursuant to this Ordinance, including but not limited to, the 11 5F/s:PCD:Ordinance:Libry&e 918/96-#9 3333 costs of land acquisition, planning, legal advice, engineering, design, construction, and library materials. B. The reimbursement for all costs incurred by the City and associated with the administration of the Reserve Account. C. The issuance of bonds or notes, secured by the appropriate Reserve Account, for the provision of Library Facilities. SECTION 5. Applicability to Existing Projects. Development Projects for which a development entitlement application was deemed complete prior to October 18, 1996, shall be exempt from the requirements of this ordinance. Provided, however, that this exemption shall not override any condition of approval for a Development Project which specifically requires payment of fees for the purposes of mitigating impacts on Library Facilities. SECTION 6. Inconsistent provisions. Any provision of the Huntington Beach Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistency and no further, is hereby repealed or modified to the extent necessary to effect the provisions of this Ordinance. SECTION 7. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any - court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this 12 SP/s:PCD:Ordinance:Libryfee 8/8/96-99 i 3333 ordinance, and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clause, phrases or portions be declared invalid or unconstitutional. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 3rd day of Spptpmhgr1996. i Mayor ATTEST: APPROVED AS TO FORM: City Clerk it ttorney REVIEWED AND APPROVED: TIATE AP OVED: i y Administrator Director of Library Se vices 13 SFIs:PCD:Ordinan=Libtyfee 8/8196-#9 3333 W • CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH lw„I. TO: Melanie Fallon, Director of Community Development Ross Cranmer, Building & Safety Director Howard Zelefsky, Planning Director FROM: Gail Hutton, City Attorney DATE: October 9, 1996 SUBJECT: Community Development Fees; Library Development Fee The City Council recently adopted a Library Development Fee. The Council also increased' certain Community Development fees pursuant to Resolution No. 96-87 at its September 16, 1996 meeting. Section 5 of the Library Development Fee Ordinance references an effective date of the Fee as October 18, 1996, 60 days after the public hearing introducing thd%rdinance. However, the ordinance approving the Fee was adopted September 3, 1996, and 60 days thereafter is November 3, 1996. Consequently, you should implement the Fee on November 3, 1996, not October 18, 1996. We will process a Code Amendment to confirm this correction. PLC has already been notified of this correction. As to the Community Development fees referenced in Resolution No. 96-87, no reference was included delaying the effective date of those fees for 60 days, as opposed to immediate implementation of the other fees increased by that Resolution. However, statutorily, such a limitation is imposed pursuant to Government Code § 66017, which provides that"any action adopting a fee or charge, or increasing a fee or charge adopted, upon a development project shall be effective no sooner than 60 days following the final action on adopting the fee or charge or increasing the fee or charge." Given this requirement, despite the fact that there is no express language in Resolution No. 96-87 imposing the 60-day requirement, it is required, and by way of this memorandum, the Community Development Department is instructed to not begin©, W enforcing the fee increases contained in Resolution 96-87,until November 15, 1996. Six, c p ^'Qm Gail Hutton ".., "WO City Attorney r� c: Connie Brockway, City Clerk SF/s:G:SF-96Memos:FeesO927 - 1 p/9/96-94 E Ord... No, 3333 STATE OF CALIFORNIA } COUNTY OF ORANGE ss: CITY OF HUNTINGTON BEACH j' I. CONNIE BROCKWAY, the duly elected, .qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the .whole number of members of the. City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said .City Council at a regular meeting therof held on the 19th day of August 1996 and was again read to said City Council at a regular meeting therof held on the 3rd day of Septembor 1996 , and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council . AYES: Councilmembers: HamanLeipzig, Ba pr, Sullivan, Opttlnff, Garofalo NOES: Councilmembers: Nnnp ABSENT Councilmembers: Green I, Conde €3rockay COy CLERK of the CiV.of ex-0-n*MA; of ow aty ,,- , rn�h� City Clerk and ex-off cio Clerk d .!�}a1'Y PDDIOn of the City Council of the City of Huntington Beach, California City Cfark PAY C4 Cksrrtf